Experts on environmental law gathered on the George Washington University campus to discuss issues surrounding foreign investment and local communities at the J.B. and Maurice C. Shapiro Environmental Law Symposium. The symposium, titled “Foreign Investment and the Environment: Local Communities, Human Rights and Dispute Resolution,” held March 20, is the latest in a series organized around critical problems challenging the global community.
“This year’s Shapiro Symposium featured leading experts from around the nation and the world,” said Randall Abate, assistant dean for environmental law studies, “to address the intersection of foreign investment, human rights and environmental protection in the context of arbitration between foreign investors and host states.”
A keynote address by S. James Anaya, of the University of Colorado Law School, explored the balance between, on one hand, foreign investment in extractive industries or development projects, and on the other hand, the preservation of Indigenous rights and culture. Acknowledging the potential harms and benefits of such investments, Anaya presented case studies to illustrate how Indigenous communities, when granted control over development projects and land, can navigate challenges successfully.
Emphasizing sovereignty and self-governance, Anaya highlighted the importance of respecting Indigenous cultures and traditions, which can help mitigate conflicts and ensure that projects benefit rather than harm these communities. Proper development, he said, should not cause cultural erosion or environmental degradation. Instead, it should be a process that strengthens Indigenous communities and enables them to thrive in today’s world while embracing their heritage.
Four panels brought experts together to discuss issues related to foreign investment, human rights and the environment. The first, titled, “The Environment, Human Rights and Cultural Heritage,” explored standards related to socioeconomic and cultural rights; the free, prior and informed consent (FPIC) of Indigenous peoples; corporate social responsibility and the social license to operate. Moderator Amelia Burnette, of the University of Strathclyde in Glasgow, facilitated a discussion with Maria Banda, an associate attorney at Gibson Dunn; Godwin Dzah, an assistant professor at the University of Alberta Faculty of Law; and Marcos Orellana, United Nations Special Rapporteur on toxics and human rights. Panelists highlighted key areas where tensions arise between sovereign rights and private interests, exploring the challenges of reconciling competing priorities in investment arbitration.
The second panel, “The Crisis of Investment Arbitration: What’s Next,” examined the challenges of protecting the environment within the current international investment law regime, offering a comprehensive overview of international investment law. Moderator Ian A. Laird, of Crowell & Moring, facilitated a dialogue including Patrick Pearsall, a partner at Gibson Dunn & Crutcher LLP; Analia Gonzalez, a partner at BakerHostetler; and Ladan Mehranvar, senior fellow at the Columbia Center on Sustainable Investment. The panelists focused on emerging trends that seek to integrate environmental values into arbitration between states and foreign investors.
The third panel, “Dispute Resolution in Investment Arbitration with Human Rights and Environmental Dimensions: What Have We Learned from Recent Case Law,” was moderated by Giovanna Gismondi, GW Law visiting associate professor and environmental law fellow. Featured panelists were Dawn Yamane Hewett, partner at Quinn Emanuel; David L. Attanasio, partner at Womble Bond Dickinson; and Laird. The panel discussion examined the complex relationship between environmental regulation and international investment arbitration, offering insights drawn from recent case law and highlighting the challenges faced by states in upholding environmental and human rights laws and policies within the investment arbitration framework.
The focus of the fourth panel, “Community Consultations, Environmental Protection, and Investment Projects,” was on international projects involving multiple stakeholders, including local communities whose interests and priorities may conflict with those of multinational corporations. Moderator Awista Ayazi, a human rights litigator, facilitated discussion by Andrés Dulanto Tello, dean of the law faculty at Universidad Cientifica del Sur (Peru); Cherine Foty, of Covington & Burling LLP; and Upasana Khatri, of the Center for International Environmental Law.
Coleman Wheeler is the winner of this year’s Grodsky Prize. His paper argues for a shift to regenerative agriculture. (William Atkins/GW Today)
The Grodsky Prize winner for 2025
At midday, the winner of this year’s Grodsky Prize for Environmental Law Scholarship was announced. The prize was established to honor the legacy of Jamie Grodsky, who at the time of her death in 2010 was a professor of environmental law at GW Law. The award of $5,000 is given annually for the best paper written by a GW Law student in the environmental field. The winning paper must be of publishable quality and make a significant contribution to the theory or practice of environmental law.
Presenting the prize, Robert L. Glicksman, the J.B. and Maurice C. Shapiro Professor of Environmental Law, said Grodsky’s work continues to spur insights among legal scholars and scientific researchers as well. This year’s prize-winning paper was written by third-year GW Law student Coleman Wheeler.
Wheeler’s paper “argues that regenerative agricultural practices can help build resilience to the environmental changes associated with climate change,” Glicksman said. “The problem is that the financial incentives for transitioning a farm from industrial to regenerative agriculture are misaligned in that most financial incentives do not consider the role of tenant farmers.”
Further, Glicksman said, Wheeler recommends that landowners work with tenant farmers to transition to regenerative agriculture, but that they resort to the property law doctrine of waste if tenant farmers are unwilling to do so.
Accepting the prize, Wheeler expressed gratitude for his time at GW. He thanked the Grodsky family along with his teachers and mentors.
“When I came to GW, I was unsure of what substance area would ultimately grab my interest,” Wheeler said. “I knew, however, that I wanted to be a researcher and writer and, on those scores, writing this note and winning this award have been incredibly validating experiences, for which I am so grateful.”
